Wheeler v. Monroe’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “No exact language is required to create a determinable fee or a condition subsequent, but there must be a clear indication in the dedication of an intent that an interest is given or granted as a determinable fee or on condition subsequent____ “[A] possibility of reverter is that future interest which a transferor keeps when he transfers an estate and attaches a special limitation which operates in his own favor.” When this type of interest is created, the grantee’s estate automatically terminates upon the happening of an event. Typical language which is used to justify a possibility of reverter is: “so long as,” “during,” or “until.” On the other hand, “a power of termination (also commonly called a right of re-entry) is that future interest which a transferor retains when he transfers an estate in his own favor.” When a right of re-entry is created, the grantor or his heirs are given an election to terminate the estate upon the happening of an event. Language creating a right of re-entry may follow from: “provided that,” “but if,” or “upon the express condition.””

   1 later decision quote this exact passage · from the majority
   e.g. Prieskorn v. Maloof

2. “[n]o exact language is required to create a determinable fee or a condition subsequent, but there must be a clear indicatoin [sic] in the dedication of an intent that an interest is given or granted as a determinable fee or on condition subsequent.”

   1 later decision quote this exact passage · from the majority
   e.g. Gartley v. Ricketts